What is Decree No. 209 / 1949 Coll.?

Government Decree No. 209 / 1949 Coll., implementing the Defence Act — Regulation implementing the Defence Act.

When it became Decree No. 209 / 1949 Coll. effectiveness?

Decree No. 209 / 1949 Coll. became effective 01.10.1949.

Is Decree No. 209 / 1949 Coll. still valid?

Yes, Decree No. 209 / 1949 Coll. is still valid and effective.

Decree No. 209 / 1949 Coll. - Regulation implementing the Defence Act

209.

Government Regulation

of 14 September 1949

implementing the Defense Act

The Government of the Czechoslovak Republic orders pursuant to § 75 of the Law of 23 March 1949, No 92 Coll., and § 1, paragraph 1, paragraph (a) of the Law of 11 May 1949, No 143 Coll., on changes in the organisation of public administration and in the jurisdiction of its bodies:

Oddíl I.

Charges.

Regular payments.

§ 1.

The list of persons for whom a periodic withdrawal obligation arises in the following calendar year and who acquire and carry out the other work needed to prepare the regular contributions shall be carried out by the administrators of the public register and the national committees in accordance with a regulation issued by the Ministry of Defence in agreement with the Ministry of Interior.

§ 2.

(1) Persons subject to a regular retirement obligation in the following calendar year are required to register each year between 1 June and 30 June of the preceding year (registration period) orally or in writing for the withdrawal.

(2) The following shall be relevant for the receipt of applications for the levy:

(a) the local national committee of permanent residence;

(b) for persons who do not have permanent residence, the local national committee of the place where they are late within the deadline;

(c) for persons commuting from their place of residence to another place of employment (school), the local national committee of their place of employment (school);

(d) for persons who are resident abroad, the representative office in whose district they miss.

(3) If the person to apply is temporarily absent or sick within the check-in period, his representative may apply.

(4) Where persons who have been provisionally arrested within the time limit of application are in criminal or criminal custody, in protective custody, in a constitutional or penal detention centre, or in a labour or forced labour camp and have therefore not complied with the application obligations referred to in paragraph 1, the administration of the relevant institute (criminal institute, judicial prison, education, reform or labour) or the forced labour camp shall notify the data required for the collection by 15 July to the local national committee of the place of birth of the persons concerned, indicating when they are likely to be released. In the case of persons born abroad, they shall notify that information to the Central National Committee in Brno.

(5) Persons who, following an application for a permanent residence allowance (place of employment or school), are required to report this change to the local national committee for which they have applied for a permanent residence allowance.

§ 3.

(1) Regular contributions are carried out by a commission of withdrawal, the number of which shall be determined by the Regional Military Command in agreement with the relevant Regional National Committee.

(2) The chairman of the Board of Appeal shall be the chairman of the District National Committee in whose district the contribution shall be held or a representative designated by him. Other members of the commission are representatives of the military administration and an officer of the medical service.

(3) The Regional Military Command and the relevant Regional National Committee will assign the necessary staff to the Commission.

(4) The chairmen of the local national committees of the municipalities from which the goaltenders are called for the levy shall also be present.

(5) In addition to the persons referred to in paragraphs 2 to 4 and the gendarmes who have arrived for retirement, only persons who receive a special order or permission from the Regional Military Command or the Regional National Committee may be present in the drainage room.

§ 4.

(1) The Chairman of the Board of Appeal shall direct the withdrawal, monitor its proper conduct and be responsible for the safe storage of the drains for the duration of the main drafts.

(2) The representative of the military administration makes a withdrawal decision on the basis of the medical classification submitted by the medical officer, deciding whether the gate should be sent to the military hospital for detection of a defect (disease), as well as applications for deferral of the basic service, if they were filed at the time of the payment.

(3) The medical officer shall conduct a medical examination of the goaltenders, establish a medical classification and propose sending the goaltenders to a military hospital to detect defects (diseases).

§ 5.

(1) Each administrative district consists of one drainage district. As a rule, payments are made at the headquarters of the District National Committee (point of departure). However, in agreement with the Regional National Committee, the Regional Military Command may designate a single point of sale for several administrative districts or several points of sale for one administrative district.

(2) Branec is obliged to comply with the withdrawal obligation at the point of departure in which the local national committee, which would be responsible for accepting his application for the levy, is located at the time when the contribution takes place.

(3) Branches who wish to travel abroad before the date on which they are due to arrive at the service may be authorised by the Regional Military Command, in whose district they are to arrive at the service, for reasons worthy of special consideration, to submit to the service immediately after the start of the main services at the nearest point of departure.

§ 6.

There are no benefits abroad. Citizens are exempt from the obligation to come to the Czechoslovak Republic during their permanent stay abroad in order to fulfil their regular retirement obligation. However, the levy will be paid as soon as it returns to the Czechoslovak Republic.

§ 7.

(1) Obligations to come to the levy shall be waived and shall not be invoked:

(a) goalsin the absence of a military active service (paragraph 2), if they can take a decision on the basis of the documents provided,

(b) goaltenders provisionally arrested, in criminal or investigative custody, in constitutional protection, in reformatory, labour or forced labour camp.

(2) Persons

(a) without hand or leg;

(b) blind to both eyes,

(c) deaf mute,

(d) assholes,

(e) a court of insanity or of frailty deprived of all or under custody;

(f) affected by a defect which makes them permanently unable to move independently; and

(g) suffering from Villains (hyperepilepsy), Mental Disease or Weakness.

§ 8.

(1) Branches are obliged to come to the rooms where the contribution takes place within a specified period of time and demonstrate their identity.

(2) A medical examination of the goaltenders shall be carried out in the presence of members of the Board of Appeal in accordance with a regulation issued by the Ministry of Defence, which shall specify in particular how the ability of the goaltenders to serve in the military is assessed.

§ 9.

(1) If the defect or disease cannot be safely detected during the discharge, the gate must be sent to a military hospital to detect it.

(2) The contribution of the persons referred to in paragraph 1 shall be based on the medical findings of the military hospital; the gate shall be summoned only if the draft committee considers its presence necessary.

§ 10.

(1) If the case referred to in Paragraph 9 (1) is not taken, the representative of the military administration shall make either a final withdrawal decision or, if there is a first withdrawal, the withdrawal.

(2) A certificate shall be issued to the payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee's payee.

§ 11.

(1) The goaltenders shall be required to comply with an additional post-release withdrawal obligation, in preliminary arrest, in criminal or investigative custody, in protective custody or in a reformatory, labour or forced labour camp. The court (in Slovakia district prosecutor), the administration of the criminal institution, the judicial prison, the education, reform, labour and forced labour camps will notify the release of these goaltenders to the county national committee of the place of birth (for persons born abroad to the central national committee in Brno), indicating the likely places of their future permanent residence.

(2) If the gate cannot arrive on a specified day for a disease which makes it incapacitated or for other serious reasons, it shall notify the local national committee of the place of residence (place of employment or school) of this obstacle; as soon as that obstacle has passed, he shall also be obliged to notify him immediately.

(3) The local national committee shall notify the superior district national committee that:

(a) the grant has been released from custody, the protection of constitutional, reform, labour or forced labour camp;

(b) the obstacle referred to in paragraph 2 has ceased to exist for the goal;

(c) identify the whereabouts of the gate which did not appear for the levy.

§ 12.

(1) If, for any reason, the gate has not reached the main charge, it shall be called on to the next additional charge.

(2) The additional contributions shall take place after the main contributions have been completed as necessary by 31 October. The duration of their operation shall be determined by the Regional Military Command in agreement with the District National Committee at the headquarters of the Regional Military Command.

§ 13.

Extraordinary payments.

The provisions on periodic contributions shall apply mutatis mutandis.

Rehearsal.

§ 14.

The examination shall be ordered by the headquarters of the area in whose district the levy has been applied in agreement with the relevant Regional National Committee.

(a) where it is suspected that the decision of departure under which the prisoner was not removed was due to an act or omission which constituted the facts of the criminal offence;

(b) where doubts arise as to the correctness of the levy procedure in which the gate was not removed.

§ 15.

(1) Where judicial proceedings are held to suspect that a decision not to be dismissed has been brought by a criminal offence, the court shall notify the outcome of the proceedings to the headquarters of the area in whose district the charge has been made.

(2) If a member of the Board of Appeal is of the opinion that the decision of withdrawal which has not been taken is incorrect, it shall notify the headquarters of the area in whose district the contribution has been made.

§ 16.

(1) The review committee shall establish the headquarters of the area in agreement with the relevant Regional National Committee.

(2) The chairman of the review committee shall be the chairman of the relevant Regional National Committee or a representative designated by it. Other members of the commission are representatives of the military administration and an officer of the medical service. A member of a review committee shall not be a member of a person who was a member of a commission.

(3) The relevant provisions on the levy procedure apply mutatis mutandis to the examination procedures, in particular the decision-making process, the dispatch of the goaltender to a military hospital and the documents issued to the goaltender.

Voluntary benefits.

§ 17.

(1) A voluntary entry permit may be granted to any citizen starting on 1 January of the year in which he reaches 17 years. Minors need a legal representative to volunteer to join the army.

(2) The military active service that the volunteer has performed before voluntary entry into the army does not affect the duration of the basic service. The Ministry of National Defence may authorise exemptions from this provision.

§ 18.

(1) Requests for entry into the army shall be made at the Regional Military Headquarters nearest the applicant's permanent residence. The applicant may indicate in the application which type of army he wishes to carry out an active military service.

(2) As an annex, the following must be added to the application:

(a) pre-education cards;

(b) where the applicant is a minor, a declaration by the legal representative, certified by the local national committee of his permanent residence, that he agrees to join the army on a voluntary basis.

§ 19.

(1) Foreign nationals may volunteer to join the army only with the permission of the President of the Republic if they otherwise comply with the conditions laid down for voluntary entry. Applications shall be lodged with the Ministry of National Defence, which shall be submitted to the President of the Republic after the hearing of the Ministry of Interior.

(2) As an annex, the following must be added to the application:

(a) birth certificate;

(b) the written permission of the competent authority or authority of the applicant's home State to join the army on a voluntary basis, unless the Ministry of National Defence has authorised the submission of this document;

(c) a declaration certified by the local national committee of permanent residence by which the applicant undertakes to serve in the military for the duration of the basic service and in the armed alert of the State to serve in the military during the war;

(d) preliminary education certificates.

(3) Paragraph 17 and 18 shall apply mutatis mutandis to the voluntary entry into the territory of the Republic of permanent residents who are neither Czechoslovak citizens nor members of another State.

§ 20.

Costs related to levy and checking.

(1) Branec is entitled to free ride by third class passenger train or bus of Czechoslovak car transport, national enterprise (ČSAD) from the station nearest to the place of permanent residence, after the job or school, to the point of departure (check point) and back if the distance from the place of permanent residence (job or school) to the point of departure (check point) is more than 6 km. The cost of this free trip is borne by the municipality of the place of permanent residence (place of employment or school) of the Brancova. The cost of meals on the way to a levy or check and the cost of forced presentation for a levy or check shall be borne by the gateway.

(2) Where the examination has been ordered because the non-removal was due to an act or omission which gives rise to the facts of the criminal offence, the costs of the journey to be checked shall be borne by the gateway.

(3) Branec, which is dispatched to a military hospital, is entitled to free ride by third class passenger train or bus of Czechoslovak motor transport, national enterprise (ČSAD) from the point of departure or from the place of permanent residence to the point of military hospital and back. The cost of this free ride and stay in a military hospital is borne by the State (military administration).

(4) The cost of the preparatory work goes to the institution to which it comes.

(5) The other costs associated with the levy and the examination shall, unless otherwise specified in paragraphs 1 to 4, be borne by the State (military administration).

Oddíl II.

Designation of replacement service upon request.

§ 21.

Upon request, persons who:

(a) are family providers (§ 22);

(b) are owners of agricultural holdings of a smaller or medium scale (Section 23);

(c) are family members (§ 24); or

(d) have other specific family, economic or social reasons (§ 25).

§ 22.

(1) The following shall be considered a provider of the family:

(a) a single son (also adopted or not), if both the father and the mother are unable to earn;

b) a single grandson, if both the grandfather and the grandmother are unable to earn the wage, and if they have no child who is able to earn it,

(c) the sole brother or stepbrother of siblings who are completely orphaned and incompetent;

(d) the father of two or more children;

(e) a single hiding place where foster parents are unable to make a living and do not have their own children or grandchildren (grandchildren) who are able to make a living;

where the nutrition of such persons depends entirely on the applicant and the applicant is proven to be alive.

(2) The provisions of paragraph 1 shall also apply to persons who, while having siblings who are either under 17 years of age or who are unable to earn or who are unable to feed the persons who are dependent on the applicant for their sustenance, or who are unable to benefit from unfavourable income ratios or because they are not employed at all.

(3) Men over 60 years of age and women over 55 years of age are always considered incapable of earning money.

(4) In the cases referred to in paragraphs 2 and 3, the age of members of the family shall be decided on 31 December of the year in which the application was lodged.

§ 23.

The owner of the holding may be assigned to a replacement service

(a) does not exceed 15 ha if the area on which it is working,

(b) where the operation of the holding is an exclusive or at least principal source of livelihood for him, in the case of members of his family; and

(c) if there is no related person living in his household who regularly works in his undertaking and is also able to conduct and perform the necessary work separately during his absence.

§ 24.

As a co-provider of a family, a person may be assigned to a replacement service in all the cases referred to in Paragraph 22, although the maintenance of his family member is not entirely dependent on him, but would be threatened without his contribution, particularly if the other members of the family could contribute only partially to the family's nutrition.

§ 25.

Outside the persons referred to in § § 22 to 24, persons may be designated for the replacement service who, while not fulfilling all the conditions laid down therein, have other serious family, economic or social reasons.

§ 26.

(1) The application for a replacement service is submitted by the transferee on the day of the withdrawal to the Board of Appeal. If it is not possible to do so on this occasion, if it has been informed in writing or if circumstances justifying a request for a replacement service have arisen, the application shall be lodged with the local national committee of residence of the applicant no later than 15 days after the payment (after the date on which the removal decision was notified to the applicant or after the date on which those circumstances occurred). Beneficiaries who have already started the basic service shall submit an application to the military department with which they are operating.

(2) The data on which the request for designation for a replacement service is based should be documented in the manner set out in paragraphs 3 to 5.

(3) A statement of his family circumstances (family statement), confirmed by the local national committee of residence of the applicant, should be attached to the request for a replacement service (§ 22). The model of the family statement shall be issued by the Ministry of National Defence in agreement with the Ministry of Interior.

(4) The application for replacement service as owner of a small or medium-sized holding (Section 23) must be accompanied by proof that the transferee is the owner of such holding (e.g. land-based extracts or certificates of the estate court).

(5) The request that the transferee be assigned to a replacement service for the reasons set out in Section 24 should be supported in a similar manner to that referred to in paragraph 3. Applications submitted for the reasons set out in Paragraph 25 need to be accompanied by appropriate documents showing the reasons for the request.

§ 27.

(1) Applications for replacement service submitted to the Board of Appeal shall be submitted by its chairman to the local national committee of residence of the applicant.

(2) The local national committee shall examine the request for a replacement service and forward it to the district national committee in whose territory the applicant has, or has, permanent residence before the basic service is started.

(3) If the request is justified by the family member's incapacity to earn and cannot be proven in accordance with Paragraph 22 (3), the district national committee of the family member concerned shall call upon the official doctor to examine the member of the family concerned, who shall give an assessment of the occupational incapacity.

(4) Where a request has been made by the owner of a small or medium-sized holding, the district national committee shall request the expression of the relevant component of the Single Union of Farmers.

(5) The District National Committee shall give an opinion on requests for a replacement service and send them to the Regional Military Headquarters in whose district the applicant has been removed.

§ 28.

(1) The Ministry of National Defence shall determine the number of deputies to be assigned (retrospectively) to the replacement service within the districts of each Regional Military Command and shall inform the latter. The Regional Military Command will arrange for a Joint Commission to meet.

(2) The chairman of the Joint Committee shall be the chairman of the Regional National Committee or a representative appointed by it. The members of the Commission shall be additional representatives of this National Committee and two representatives of the Regional Military Command.

(3) For the replacement service, the Joint Commission shall designate, in particular, the carers on whose applications it considers that they deserve special consideration, regardless of the reason on which they are based. If the number of goals referred to in paragraph 1 is not exhausted, it shall, in particular, designate, for the replacement service, the contributors whose applications comply with the conditions laid down in Paragraph 22 and thereafter, in Sections 23, 24 and 25. If the number of compliant requests exceeds the number referred to in paragraph 1, those requests shall remain with the Regional Military Command in case of additional designation of the replacement service.

(4) The Joint Commission shall act by a simple majority; in the event of a tie, the chairman shall act.

(5) Requests for a replacement service to be made to the Regional Military Command after a meeting of the Joint Commission shall be kept by the latter in the event of additional designation for the replacement service.

(6) The decision of the Joint Commission or the request to remain with the Regional Military Command shall be communicated by the applicant to the latter.

§ 29.

(1) If the reasons for which the applicant was designated for the replacement service are omitted, at a time when he would otherwise be obliged to perform the essential service, he must notify the Regional Military Command whose commission has decided on the request immediately without notice.

(2) In the case referred to in paragraph 1, or if the Regional Military Command or the Regional National Committee itself finds at any time that the reasons for the designation for the replacement service have ceased or were not there at all, the Joint Committee which has decided on the request shall withdraw the designation after hearing the applicant. If the designation for the replacement service has been cancelled, the Regional Military Command shall call the person concerned for the basic service or for the continuation of that service.

§ 30.

The detailed provisions for determining the replacement service shall be issued by the Ministry of Defence in agreement with the Ministry of Interior.

Oddíl III.

Basic service.

Start of basic (replacement) service.

§ 31.

(1) The transferee calls for the basic service of the Regional Military Headquarters in whose district he has been recruited by a call order. The call order authorises the departure of the third class passenger train, at a distance of at least 200 km, or by bus of Czechoslovak car transport, a national enterprise (ČSAD) from the station nearest the place of residence by the shortest route to the place where the basic (replacement) service takes place. The cost of this free ride goes to the State (military administration).

(2) Studies in medicine, veterinary medicine or pharmacy which have been authorised to postpone a basic service may be called upon to perform it in two parts, first for three months at the time of the main holidays, after which they shall be released on permanent leave, and the rest of the basic service shall be carried out after completion of the studies, or as soon as they have left their studies in those fields.

(3) The Ministry of National Defence may, on official authority, postpone the entry of the basic (replacement) service until the starting day following the end of 6 months from the date of completion of the study.

§ 32.

(1) Each person called shall be obliged to appear on the designated day and hour at the place indicated in the call order and to bring with him a withdrawal card and a call order. The person who was unable to attend because on the day on which she was called, she was unable to make the journey is obliged to prove it to the medical certificate which she will send directly to the military service to which she is called. The medical certificate shall include an indication of how long the inability to travel is likely to last and, if not written by an official physician, it shall be confirmed. Once the person called is able to travel, he / she is obliged to proceed immediately to the place indicated in the call order. In the absence of such competence, it shall submit a new medical certificate until the period specified in the certificate submitted.

(2) Persons who were only discharged after the date laid down as the starting date and were therefore unable to take up the basic service within one month or the replacement service within 14 days of the date on which they were to take up the service, as well as persons who could not take up the basic service within those time limits for the disease or for other reasons, shall be deferred for their basic service until the starting date of the next year.

(3) For reasons of special concern, the transferee may apply to the Regional Military Command, in whose district he has been removed, to allow him early boarding the basic service.

§ 33.

(1) If the recipient is obliged to enter the basic service for a sentence of no more than 6 months, he shall be called upon to enter the basic service; request, at the same time, the competent Regional Military Command to postpone the sentence, after interruption until the end of the basic service.

(2) Any person who has not been authorised to postpone (suspend) the sentence and who therefore cannot enter the basic service within one month at the latest or the replacement service within 14 days of the date on which it was intended to take it shall be deferred to the relevant starting date of the year in which the said obstacles no longer exist.

(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to persons assigned to forced labour camps.

§ 34.

(1) After the basic (replacement) service has been started, each transferee shall undergo a medical examination. The carers for which the medical classification is found to be different from that established at the time of the levy shall be determined for review.

(2) A transferee who has been recognised as unfit for military active service and for review during the inspection referred to in paragraph 1 shall be released immediately for permanent leave until the decision of the review committee.

(3) If the review committee recognises that a member of the review committee made redundant in accordance with paragraph 2 has permanent leave as capable of military active services, the member shall be called on to continue the essential service. The period of permanent leave referred to in paragraph 2 shall be counted against the basic service (s). This provision does not apply if it has been found that the transferee was intended to be examined for the pretext of a defect (disease) or that he deliberately caused the defect (disease) or that he deliberately extended the review procedure.

Deferred basic (replacement) service.

§ 35.

(1) The postponement of the basic (replacement) service shall be permitted for as long as it is likely that the transferee is required to terminate the preparation for his profession or where the reasons for which the postponement has been granted shall be waived, but at least until the respective starting date of the following year.

(2) If the circumstances justifying the postponement continue beyond that period, it may be extended upon request.

§ 36.

(1) Paragraph 26 (1) shall apply mutatis mutandis to the submission of applications for the deferral of essential (replacement) services, in particular the time limits for their submission, with the exception that the application shall be lodged either to the Commission of Indemnities or to the Regional Military Command in whose district the applicant has been removed. If the application has been lodged after the time limit laid down, the Regional Military Command shall discuss it only if the applicant proves that he has lodged it without fault. Otherwise, he refuses the request.

(2) Applications should be accompanied by evidence of preparation for the future occupation or by evidence of other circumstances appropriate to the special consideration on which the application is based.

(3) The employer may, with the agreement of his staff member who has been recruited, apply for a postponement of his basic (replacement) service if this is of public interest.

(4) Requests for an extension of the authorised deferral shall be submitted by 31 July at the latest to the Regional Military Headquarters in whose district the applicant has been removed. The provisions of paragraph 1, second and third sentences shall apply mutatis mutandis.

§ 37.

(1) As a general rule, the representative of the military administration shall take a decision immediately and shall give the applicant a written decision. If this is not possible, it shall decide on the request of the Regional Military Command in whose district the applicant has been removed.

(2) The applicant may appeal to the Regional Military Headquarters within 15 days of the date on which the decision was notified, on the basis of a decision granting authorisation (extension) for a deferral. Military persons in active duty shall lodge appeals through their military unit. The appeal may be lodged orally, in writing or by telegram.

(3) Within the period referred to in paragraph 2, the date on which the decision was served shall not be counted. If the last day of the period for Sunday or the day for which the statutory provisions on Sundays apply, the period shall end on the earliest working day. The date on which the appeal was lodged with the post office or the telegraph office shall be deemed to be the date on which it was lodged with the military persons in active service on the day on which the military unit headquarters was served.

(4) An appeal shall be final.

(5) Applications for deferral (extension) or withdrawal of decisions rejecting such applications have no suspensory effect. A pensioner whose application or appeal on the matter of postponement has only been completed positively after the basic (replacement) service has been started shall be discharged from the military active service for permanent leave.

§ 38.

(1) If the Regional Military Command finds that there are no grounds for authorising (renewal) the delay or that it has passed, it shall cancel the delay and call the person concerned to the essential service. A person who has been authorised to defer for more than one year shall be required to notify the Regional Military Command immediately if the reasons for the postponement have ceased.

(2) Paragraph 37 (2) to (5) applies mutatis mutandis to the appeal of the decision to revoke the deferral.

Counting and replacing basic (replacement) services.

Citation	Government Decree No. 209 / 1949 Coll., implementing the Defence Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	23.09.1949
Effective from	01.10.1949
Effective until	-
Status	Valid

Decree No. 209 / 1949 Coll.

Regulation implementing the Defence Act

Contents